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Salty Southeast
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Georgetown, South Carolina
  • Captain Pete Takes on the City of Sarasota (Anchoring Rights and 500 Foot Rule)

    OK, I’m going to be the first to admit I missed something here, and have come to this story a bit late in the game. HOWEVER, that does not diminish the fact that this is an important story for ANYONE interested in Florida anchoring rights.
    “Captain Pete” has found himself in a position whereby he was ticketed for being in violation of the Sarasota anchoring ordinances, probably the infamous “500 foot rule.” Shades of Dave Dumas and Marco Island, he has decided to use this incident as a way to take on the city of Sarasota’s (in our opinion) illegal anchoring regulations.
    Notice below that Captain Ken DeLacy, a prime mover in the pro-cruiser Sarasota anchoring issue, is requesting financial support for Captain Pete from the Cruising Community. As you will see, the “fund” is not yet finalized, but we will revise this message just as soon as those circumstances change. In the meantime, I strongly suggest everyone read the messages below, AND follow the link to the Tribune newspaper article!

    Here’s an update on my situation in Sarasota. I have hired an attorney, Joanne Foster to represent me in this matter. This is the same firm that challenged the city of Stuart Fl. and were sucessful in defending the man charged with an anchoring violation. She has entered a plea of not guilty on my behalf. We have requested a jury trial and it may end up in federal court. An article appeared today, jan 26 in the local newspaper, the Sarasota Herald Tribune (available online) about my case. also, I have been contacted by the NMMA, a boat industry group offering to help. I am overwhelmed at the positive messages and support I have been given by friends and strangers alike. It looks like my chances are good to win this and perhaps set an example to other cities that the law applies to everyone, and they ignore it at their peril. We will be doing updates here and at sarasota harbor google group as well and I appreciate everyones support. If you can help with my legal expenses that would be appreciated as well. If tou want to contact me at peteshaw998@yahoo.com I would be happy to talk
    Thanks
    Pete

    Today Pete had Joanne Foster, FL Board Cert. in Admiralty and Maritime Law, give our City attorney Fournier a phone call requesting a delay of the Feb 1st court arraignment. Foster is with the same Firm that successfully defeated the City of Stuart a couple of years ago when they also tried to enforce illegal local ordinances.
    Pete’s fight is our fight as well and as there will be costs associated with this battle I would like to request help from the group on this one. Some here have already offered money to fight this, and I wonder if anyone here has advice on setting up a fund.
    Keep in mind if the City insists on fighting the State on this they will be sued and all moneys invested will be returned.
    Thanks, and THANK YOU Pete!
    Ken

    Ken and everybody,
    Here we go! My attorney has sent to the court that enters a plea of NOT GUILTY in place of my appearance in court on Feb 1. The NMMA, a boat mfg. lobby has gotten in touch as well and they want to help, but they can’t help financially. Tomorrow, I send in my retainer to the law office for $500.00 to get the ball rolling. any financial help would be appreciated . There is an article in the Herald Trib today about me and if you look online you can read the comments people send in. feel free to add your own.
    Check it out.
    Thanks Pete

    Below is a link to the article Pete mention.
    http://www.heraldtribune.com/article/20100126/ARTICLE/1261059?p=3&tc=pg
    Ken

    Claiborne,
    I took a look at your article and I offer the below additional info for your reference.
    Where Pete was anchoring is the same spot he has been anchoring for years when he comes S. for the winter. I don’t think he intended on this happening, but he’s not regretting it either. He was not arrested but received a ticket to appear in court, no option to just pay a fine.
    Ok that’s it for the corrections. A fund has not been set up yet, and I don’t have the slightest idea how to even get started. Any advice?
    Ken

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